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Home My WebLink AboutMINUTES - 07192005 - SD4 SID q sE L TO: BOARD OF SUPERVISORS Contra�`�� FROM: MAURICE M. SHIU, PUBLIC WORKS DIRECTOR � --06 ----_- - Costa DATE: July 19, 2005 �'�..: = _ •�4 app �~ Count os�'4 COUl`t'�,G y SUBJECT: ADOPT Resolution No. 2005/9:77 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), Danville Area. (District Ell) Project No. 0651-6LO72R SPECIFIC REQUEST(S)OR RECOMMENDATIONS)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: ADOPT Resolution No. 2005/y,3'7 approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District(GRAD). APPROVE the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District(GRAD). CONTINUED ON ATTACHMENT: p SIGNATURE: RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ��- APPR E OTHER SIGNATURE(S): 01-11 ACTION OF BO ON aj2eAjfo"O� APPROVED AS RECOMMENDED � OR VOTE OF SUPERVISORS: X I hereby certify that this is a true and correct copy of an action UNANIMOUS(ABSENT -� ) taken and entered on the minutes of the Board of Supervisors on AYES: NOES: on the date shown. ABSENT: ABSTAIN: Contact:Public Works Department(Special Districts) Originator:Teri Rie(313-2363)&Lisa Carnahan(313-2191) TR:LC:rm:sr IZ9 G:\GrpData\SpDist\Board Orders\2005-Board Orders\Wendt Ranch GRAD\07- ATTESTEDJ14 19-05 Wendt GHAD.DOC JOHN SWEETZA,CLERK OF THE BOARD OF SUPERVISORS and COUNTY ADMINISTRATOR cc: County Administrator County Counsel GRAD Manager Public Works— T.Rie BY: y L.Carnahan DEPUTY SUBJECT: ADOPT Resolution No. 20051V,?,P approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), Danville Area. (District III)Project No. 0651-6LO72R DATE: July 19, 2005 PAGE: 2 of 2 FISCAL IMPACT: There will be no impact to the County General Fund. All costs would be covered with revenue generated through parcel assessments for the Wendt Ranch GHAD. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Conditions of Approval for the Alamo Creek and Intervening Properties projects (SUB 8331, 8381, 8382) require the establishment of a GHAD prior to issuance of the first building permit. To satisfy these requirements, the developers of the projects elected to petition the Board of Directors of the Wendt Ranch GHAD (GHAD Board) to annex the Alamo Creek and Intervening Properties projects into that existing GHAD. The Board of Supervisors, acting as the Board of Directors of the Wendt Ranch GHAD (GHAD Board), approved the proposed annexation, as set forth in the GHAD petition, at a properly noticed public hearing on July 19, 2005. During that same hearing, the GHAD Board also approved and adopted Revision 1 to the Wendt Ranch GHAD Plan of Control. Under Public Resources Code section 26581, the legislative body that originally approved the formation of a GHAD must approve a proposed annexation to that GHAD. This requirement under GHAD law is the basis for the recommended action. CONSEQUENCES OF NEGATIVE ACTION: The Board of Supervisors required the establishment of a GHAD as a condition of approval for the Alamo Creek and Intervening Properties projects. If the Board of Supervisors does not approve the annexation of the projects to the GHAD, satisfaction of this condition would be delayed and may not occur at all. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on July 19, 2005 by the following vote: AYES: �i"c�✓�eJ ��w��j~��-'l Cir/��/" �rc� ��`l�C��c'� NOES: all-e- ABSENT: 1'0 if C1 ABSTAIN: /V 6--k% RESOLUTION NO. 2005/ ��c?7 SUBJECT: ADOPT Resolution No. 2005/V37approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), Danville Area. (District III)Project No. 0651-61,072R (Pursuant to Division 17 of the Public Resources Code with particular reference to Chapter I (commencing with Section 26500) and Chapter 2, Article 3 (commencing with Section 26550) and Article 4 (commencing with Section 26561) RECITALS: A. On February 12, 2002, the Contra Costa County Board of Supervisors adopted Resolution No. 2002/59, approving and ordering the formation of the Wendt Ranch Geologic Hazard Abatement District (GHAD) and appointing itself to act as the Board of Directors of the GHAD (GHAD Board). This formation was described in the petition dated February 12, 2002 and in the GHAD Plan of Control dated February 20, 2001. B On June 21, 2005, the GHAD Board was presented with a Petition for Annexation of Territory to the Wendt Ranch GHAD (GHAD Petition). In connection with the proposed annexation, the GHAD Board was presented with Revision 1 to the Wendt Ranch GHAD Plan of Control. C. On June 21, 2005, the GHAD Board adopted Resolution No. 2005/378 accepting the GHAD Petition and accepting Revision I to the Wendt Ranch GHAD Plan of Control and setting a hearing to consider the proposed annexation and the proposed revisions for July 12, 2005. This hearing was continued to July 19, 2005 to allow for notice of the hearing to be given in accordance with Public Resources Code sections 26562 and 26563. 1 hereby certify that this is a true and correct copy of an TR-LC-sr-rm action taken and entered on the minutes of the Board of G-.\GrpData\SpDist\Board Orders\2005-Board Orders\ Supervisors on the date shown. Wendt Ranch GHAD\07-19-05 Wendt GHAD.DOC Orig.Dept.:Public Works(Special Di9tricts) Contact: Teri Rie(313-2363)&Lisa Carnahan(313-2191) ATTESTED: -Ve�le2 500--0ab cc: County Administrator County Counsel JOHN SWEETEN,Cl of the Board of Supervisors and GHAD Manager County Administrator Public Works— T.Rie L.Carnahan By Depu RESOLUTION NO.2005/ V2 7 SUBJECT: ADOPT Resolution No. 2005/�/Xr7approving the annexation of the Alamo Creek and Intervening Properties projects into the Wendt Ranch Geologic Hazard Abatement District (GHAD), Danville Area. (District 111) Project No. 0651-6LO72R DATE: July 19, 2005 PAGE: 2 of 2 D. On July 19, 2005, the GHAD Board held a public hearing on the proposed annexation and the proposed revisions. At the time set for the hearing, no owner of real property to be annexed to the GHAD nor any owner of real property currently within the GHAD boundaries had made a written objection to its annexation or to Revision 1 to the Wendt Ranch GHAD Plan of Control in accordance with the provisions of Public Resources Code section 26564. At the hearing, the owners of more than 50 percent of the assessed valuation of the property to be annexed to the GHAD did not object to the annexation. E. On July 19, 2005, the GHAD Board closed the hearing and, by Resolution, approved the annexation of the Alamo Creek and Intervening Properties projects to the Wendt Ranch GHAD, as described in the GHAD Petition and adopted Revision 1 to the Wendt Ranch GHAD Plan of Control. F. Public Resources Code section 26581 states that a proposed annexation is subject to approval of the legislative body that approved the formation of the GHAD. THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY RESOLVES AND ORDERS THAT: I. The Board of Supervisors of Contra Costa County hereby approves the annexation of the Alamo Creek and Intervening Properties projects to the Wendt Ranch GHAD as described in the GHAD Petition and as ordered by the GHAD Board on July 19, 2005 by Resolution. 2. This Resolution shall become effective immediately upon its passage and adoption.